Your pharmacist license is among your most valuable possessions. Of course, practicing your profession without it is against the law. Beyond providing you the right to work in the industry, your license is your stamp of approval. It verifies your background and education. It proves that you remain committed to continued learning. It reminds employers and customers that you’re qualified and trustworthy.
A single complaint, whether it originates from a customer, a supervisor, or a colleague, can put your license in jeopardy. If you’re under investigation, you need the best legal help you can get. There’s simply too much at stake to take chances.
The LLF National Law Firm’s Professional License Defense Team is made up of defense attorneys specifically committed to protecting the rights of working professionals. We know Oregon law, and we’re familiar with Oregon Board of Pharmacy disciplinary procedures. We can help guide you through the process and show you how to use rules and regulations to your benefit. We also work with pharmacists throughout the Portland Metro area, from Vancouver to Oregon City, Hillsboro to Tigard.
What can we do for you? Dial 888-535-3686 to find out, or take time now to tell us about your case.
Common Threats to Pharmacy Licenses
Portland Metro area pharmacists are subject to multiple Oregon laws. Chapter 689 of the state’s statutes relate specifically to pharmacists and contain regulations having to do with everything from drug storage to licensing. In addition, however, Chapter 475 deals with all aspects of controlled substances. Meanwhile, the Board of Pharmacy maintains a long list of administrative policies that govern issues like continuing education requirements and contraceptive dispensation.
In fact, one reason it’s so important you have an attorney on your side when you’re dealing with an investigation, and specifically an attorney with experience in Oregon professionalism issues, is that just making sense of the state’s regulatory code requires a legal expert. In fact, even if you’re not facing a specific complaint, the attorney can help explain new laws and offer advice any time you’re facing an important legal or ethical decision.
As for complaints, we see clients with a range of issues, including,
- Mishandling or Misuse of Drugs: You’re not just subject to Oregon laws regarding controlled substances but to United States federal laws as well. We don’t need to tell you that possession, manufacture, and distribution of illegal drugs can get you into serious trouble. The thing is, though, that you don’t have to do something nearly so obvious to wind up under investigation. Improper storage, for instance, or dispensing a prescription to the wrong patient, can also put your license at risk.
- Violations of Patient Privacy: Just like doctors and nurses, pharmacists are subject to HIPAA laws. Again, some violations are obvious—you’d never deliberately reveal confidential patient information. We’ve handled complaints, though, that have to do with unsecured patient databases, and we’ve seen pharmacists accused of talking about a customer’s prescriptions too loudly at the checkout counter.
- Fraud: Any business, from car dealerships to bookstores, can be charged with fraud, but pharmacists face special dangers when it comes to this type of offense. There are some activities, like overcharging an insurance company for medication, that are clear violations of the law. You can also be charged, though, simply for advertising a service you’re not qualified to deliver.
- Practicing Under the Influence: You can understand why the law prohibits practicing pharmacy under the influence. Note that there can sometimes be a fine line, though, between “sober” and “under the influence.” Too much cold medicine might be a violation, and in some cases, you can be investigated for practicing when you’re too ill.
- Criminal Convictions: Oregon takes pharmacy ethics seriously, and any hint that your morals or values might be questionable can result in license revocation. You can be investigated for any crime related to your profession, but you can also lose your license over any felony offense, even if it has nothing to do with your duties as a pharmacist.
Anyone can make a mistake, and even if you have committed some offense, you deserve fair treatment and the best possible resolution to your case. However, it’s also the case that many of our clients are entirely innocent of the charges against them. Complaints can arise for a whole host of different reasons that have nothing to do with guilt.
- You could be the victim of a simple misunderstanding.
- It may be that you made a simple clerical error, but any violation you committed was due to a mistake rather than intention or negligence.
- Unfortunately, disgruntled customers sometimes decide to file complaints simply to get back at a pharmacist over the high cost of a prescription or a pharmacist’s refusal to dispense a medication.
- If you supervise employees, you can be held liable for their mistakes.
Note, too, that even if you did commit an offense and are prepared to admit your guilt, you don’t want to go into the situation alone. The Oregon Board of Pharmacy is under a great deal of pressure, both from the general public and state officials, to impose harsh sanctions, even when lesser punishments might be more appropriate. The Professional License Defense Team in your corner can ensure that any penalties you face will be fair and reasonable.
The bottom line is that the LLF National Law Firm is always on your side and ready to fight for you in any way we can.
Disciplinary Procedures
Just as in the criminal justice system, the Board of Pharmacy cannot simply accuse you and impose a sanction. While the law is strict and the Board does take violations seriously, you are entitled to due process and to a number of important rights designed to protect you.
The process typically involves four separate stages.
- Someone lodges a complaint against you with the Board.
- The Board appoints an investigator to uncover the facts of the case.
- The Board conducts a full hearing to consider the matter.
- The Board decides the case and issues sanctions as appropriate.
Complaints
You should know that complaints can come from anyone. That includes,
- Customers
- Supervisors
- Colleagues
- Employees you supervise
- Other staff
- Insurance companies
- Other healthcare providers
Additionally, the Board of Pharmacy has the right to conduct its own investigations and issue charges based on any violations it uncovers.
A complaint is just a complaint, though. Even at this early stage, the Board is required to follow certain fundamental procedures. For example, the Board cannot issue a formal charge unless it decides a complaint is both credible and actionable.
This means that there is sometimes a window of opportunity between when a complaint is lodged and the Board moves forward in which the attorney might be able to influence the Board’s decision. In the past, we have managed to convince the Board that complaints simply don’t rise to the level of an actual offense and that investigations should be prevented before they begin.
Investigation
The Board appoints an investigator to uncover the facts of the case. Investigations should be completed within 120 days.
Throughout this phase of the process, the attorney can work with you to uncover your own evidence. They’ll make sure you’re prepared for any investigative interviews. They’ll review any evidence investigators have uncovered and make sure you have a strategy for dealing with it should the case proceed to a hearing.
In addition, your attorney will continue to work to get the case dismissed and simultaneously lay the groundwork for negotiation should the case go further.
Hearing
If the Board believes evidence substantiates the charges against you, it will initiate hearing procedures.
Note that there are similarities between professional license hearings and criminal court cases. For example, both sides have the opportunity to make their arguments and support those arguments with physical evidence and witness testimony. The Board itself serves the role of judge, making procedural decisions and ultimately deciding whether you are guilty or innocent. Crucially, you’re also entitled to legal representation, just as you would be during a criminal trial. The Professional License Defense Team can handle all aspects of your defense from opening arguments to witness examination.
However, a professional license hearing is not the same as a criminal trial. Such hearings are not subject to the same strict rules of evidence, for example, and the standard of guilt is significantly different. Rather than “beyond a reasonable doubt,” the Board employs a lesser standard known as “preponderance of the evidence.” This standard asserts that you are guilty if it seems “more likely than not” that you committed the offense.
It is these differences that make it so important you hire the LLF National Law Firm attorney rather than a local or family lawyer. Whatever their skill and background, a local attorney won’t have the experience of handling professional licensure cases. The Professional License Defense Team has helped hundreds of professionals protect themselves. We’re qualified defense attorneys, but we’re focused on professional license defense in a way few lawyers are.
Hearing Outcomes
If the Board determines you are innocent of the charges, your case is at an end. If you’re found responsible for a violation, the Board then sets an appropriate sanction. This might include,
- Non-disciplinary letter of caution
- Public reprimand
- Fines
- License restriction
- License suspension
- Supervisory periods
- Additional education
- License revocation
Again, keep in mind that having an attorney in your corner could be the difference between a reprimand, a fine, and total license revocation. We’re experienced negotiators, and you can be sure we’ll fight hard to get you the very best resolution to your case.
Of course, you are also entitled to appeal the Board’s findings to an Oregon administrative judge. The team attorney can let you know if an appeal is in your best interests, and they can draft the document and deliver oral arguments if that’s where your case ultimately winds up.
The Importance of a Professional License Defense Team
Professionals accused of offenses sometimes assume that they can handle their defense on their own. The reality is that you’re always going to be better off hiring the LLF National Law Firm attorney to represent you.
- Remember that your entire career may be on the line in a license defense case. You cannot be certain where a given complaint may lead. Even minor offenses can sometimes develop into major cases with penalties like license suspension or license revocation. Plus, even if the sanction you face is far less serious, it can have long-lasting effects. A reprimand could cost you job opportunities and customers if it becomes public.
- These cases are never simple. Remember that pharmacy rules in Oregon aren’t just suggestions. They carry the force of law, and they’re written in complex legalese that can be difficult to parse. A successful case means establishing the facts in a way the Board can understand, providing subtle interpretations of the law, and making effective use of all your due process rights. Only an attorney can help you navigate the process.
- Finally, keep in mind that the Board is not on your side in a misconduct case. The Board of Pharmacy is not on your side in this battle. You may be used to seeing the Board as an advocate. After all, it’s the organization that represents you, the organization that conducts the licensing process, the organization that provides you with educational opportunities. Now, however, the Board is prosecuting you. You cannot expect it to look out for your best interests. You need an attorney to do that.
Oregon state law gives you the right to an attorney in professional licensure cases. There’s a good reason for that. You need legal representation to protect you, to fight for your innocence, and to negotiate the best possible decision on your behalf. No one is in a better position to do that than the team.
Choose the LLF National Law Firm to Protect You
Your pharmacist’s license means everything to you. It gives you the right to practice your profession. It certifies that you are qualified and experienced. It lets customers know that you can be trusted. If that license is being threatened in any way, you can’t afford to take chances. You absolutely must do everything you can to defend yourself, and that starts with hiring the best legal representation you can.
The Professional License Defense Team understands your situation. We understand what kinds of pressures you face every day and just how important what you do is. Whether you own your own pharmacy in Portland or you work for a company in Beaverton, we believe in what you do, and we’re ready to fight to ensure you get the justice you deserve.
To find out more about exactly what the team can do for you, contact the LLF National Law Firm today at 888-535-3686 or use our online form.